Daniel Kegan

Discovering ESI- Self-Reliance and Rule 26

ESI—Electronically Stored Information. FRCivP now requires an early conference among attorneys to discuss and plan discovery, including ESI. The Internet and ESI makes discovery easier, but also increases the volume of…more

| Civil Procedure, Intellectual Property, Science, Computers, &...

The Grammar of Intellectual Property

Many people, journalists, and judges use language loosely, contributing confusion rather than precise precedent and clear communication. Prominent are the malapropisms of intellectual property: confusion among patent, trademark,…more

| Business Organizations, Intellectual Property, Franchise Law

Dangerous Delusions- Do It Yourself, or Don't

Many once arcane intellectual property (IP) procedures are now accessible to lay businesspersons and citizens. The Internet provides instruction for almost everything, sometimes accurately. Widespread use of personal computers…more

| Business Organizations, Commercial Law & Contracts, Intellectual...

Probate Trademarks- Death, Reincarnation, and Survival of IP rights

t was a dark and stormy night when the dame appeared in the doorway of Mark Trade,TM intellectual property investigator. Initial research by Guy Noir indicated there might have been a death under suspicious circumstances, but…more

| Bankruptcy, Intellectual Property, Professional Malpractice, Wills,...

Political Trademarks- Intellectual Property in Politics & Government

Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)]. Yet confusion, deception, and mistake are typically lawful in political campaigns. At the…more

| Constitutional Law, Elections & Politics, Intellectual Property

academia at Risk: Antiquated Intellectual Property Policy

Our schools and colleges face enlarging potholes on the information superhighway because of antiquated intellectual property policies in academia. Many academic institutions have no explicit intellectual property policy; others…more

| Education, Intellectual Property

Admiralty Trademarks

Floating in the mid-Pacific, the record-breaking Academy Award-winning film enlightens the dark deck of the cruise ship. Door prize merchandise multiplies the festive merriment--Tshirts, sunglasses, and towels all displaying the…more

| Intellectual Property, Maritime Law, Science, Computers, & Technology

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